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INSURANCE CO. OF STATE OF PA. v. NEESE

No. 05-12-00062-CV.

407 S.W.3d 850 (2013)

The INSURANCE COMPANY OF the STATE OF PENNSYLVANIA, Appellant v. Lavonne NEESE, Individually and as Representative of the Estate of James Robert Neese, Deceased, and as Next Friend of Logan Neese, Cameron Neese, Leelynn Neese and Cayden Neese; and Jennifer Neese, Appellees.

Court of Appeals of Texas, Dallas.

July 24, 2013.

Attorney(s) appearing for the Case

Loren R. Smith , Kelly, Smith & Murrah, PC, Houston, for Appellant.

Ted B. Lyon Junior , Richard Mann , Ted B. Lyon & Associates, P.C., Mesquite, for Appellees.

Before Justices LANG, MYERS, and EVANS.

OPINION

Opinion by Justice LANG.

The Insurance Company of the State of Pennsylvania ("ICSP") filed a petition in intervention in a wrongful death lawsuit brought by survivors of James Robert Neese. ICSP sought recovery pursuant to subrogation for workers' compensation benefits paid. On the motion of the Neese survivors, ICSP's intervention was struck. In a single issue, ICSP argues the trial court abused its discretion...

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